SWAN MILLS LIMITED Vs. SAKHARAM DHONDU PANCHAL

JUDGEMENT

(1.) ALL these petitions are being disposed of by common order as they involve financial benefits to be paid to the respondents, consequent to the order passed in his favour by the Appellate Authority under the provisions of the Bombay Industrial Relations Act on 12-10-1985.

(2.) WRIT Petition No. 255 of 2001 is by the Employer challenging the order of the Appellate Authority passed in Application IDA No. 646 of 1996 dated 30-10-2000. That order came to be passed in proceedings under section 33 (C) (2) taken out by the respondents in terms of the order of the Appellate Authority allowing his application for setting aside the order of dismissal and consequential benefits. By the impugned order, the learned labour Court has been pleased to direct the petitioners to deposit sum of rs. 2,47,224/- which was payment of full back wages within a month from the date of the order failing which the said amount would carry interest at the rate of 9% p. a. whichever is earlier.

(3.) WRIT Petition No. 256 of 2001 is by the employer challenging the order made by the Appellate Authority dated 10-10-2000 whereby appeals preferred by the petitioner as also by respondent No. 1 against the order dated 10-4-2000 of the controlling authority under the Payment of Gratuity Act were dismissed. The controlling authority by his order dated 10-4-2000 allowed the application by the respondent No. 1 herein for gratuity and directed that the sum of Rs. 43,230/- be paid along with interest at the rate of 15% from 28-6-1996 till the date of actual payment of gratuity to the applicant. Writ Petition No. 2053 of 2002 is by the workman impugning the order of the Appellate Authority dismissing his appeal against the order of the controlling authority dated 10-4-2000. The petitioner workman had sought interest at the rate of 15% p. a. on the agreed amount from January, 1990 till june, 1996. The controlling authority had only ordered interest at the rate of 15% from 28-6-1996. The appeal preferred by the petitioner workman was dismissed. Hence, the present petition. From the above narration of facts, therefore, what will be material in these two writ petitions is the order of the Appellate Authority under the payment of Gratuity Act dated 12-10-1985.